TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

BOARD OF DENTISTRY

Initial Agency Notice

Title of Regulation: 18VAC60-21. Regulations Governing the Practice of Dentistry.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Lily Nejadian.

Nature of Petitioner's Request: The petitioner is requesting amendments to specify that dentists with appropriate training or certification can purchase and administer Botox and dermal filler injectables.

Agency Plan for Disposition of Request: The petition will be published on August 31, 2020, in the Virginia Register of Regulations and also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov to receive public comment ending September 30, 2020. The request to amend regulations and any comments for or against the petition will be considered by the board at the first scheduled meeting after the close of the comment period, which will be December 11, 2020.

Public Comment Deadline: September 30, 2020.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4437, or email sandra.reen@dhp.virginia.gov.

VA.R. Doc. No. R21-01 Filed July 31, 2020, 4:08 p.m.

BOARD OF OPTOMETRY

Agency Decision

Title of Regulation: 18VAC105-20. Regulations Governing the Practice of Optometry.

Statutory Authority: §§ 54.1-2400 and 54.1-3223 of the Code of Virginia.

Name of Petitioner: David Haine.

Nature of Petitioner's Request: To amend 18VAC105-20-45 to include the number of contact lenses that can be dispensed from a prescription for contact lenses.

Agency Decision: Request denied.

Statement of Reason for Decision: The board discussed the request to amend regulations to add a requirement to include the total number of lenses on a prescription and voted not to initiate rulemaking. The board concurred with the comment from the National Association of Optometrists and Opticians that it is contrary to the spirit of Federal Trade Commission law and rules. Additionally, the regulation would be very difficult to monitor or enforce.

Agency Contact: Leslie L. Knachel, Executive Director, Board of Optometry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 597-4130, email leslie.knachel@dhp.virginia.gov.

VA.R. Doc. No. R20-39 Filed July 30, 2020, 9:04 a.m.

BOARD OF SOCIAL WORK

Initial Agency Notice

Title of Regulation: 18VAC140-20. Regulations Governing the Practice of Social Work.

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Name of Petitioner: Michael Beattie.

Nature of Petitioner's Request: To pause the time limit or deadline for completion of supervised experience during an emergency declared by the Governor. The effective date would be retroactive to February 20, 2020.

Agency Plan for Disposition of Request: In accordance with Virginia law, the petition was filed with the Virginia Registrar of Regulations and will be published on August 31, 2020, with comment accepted through September 30, 2020. The petition is also posted on the Virginia Regulatory Town Hall at www.townhall.virginia.gov. The petition and any comment will be considered by the board at its next meeting following the close of the comment period, which is scheduled for November 6, 2020. The petitioner will be informed of its decision following that meeting.

Public Comment Deadline: September 30, 2020.

Agency Contact: Jaime Hoyle, Executive Director, Board of Social Work, 9960 Mayland Drive, Suite 300, Richmond, VA 23233, telephone (804) 367-4406, or email jaime.hoyle@dhp.virginia.gov.

VA.R. Doc. No. R21-02 Filed August 7, 2020, 10:43 a.m.

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TITLE 24. TRANSPORTATION AND MOTOR VEHICLES

COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM

Initial Agency Notice

Title of Regulation: 24VAC35-60. Ignition Interlock Regulations.

Statutory Authority: § 18.2-270.2 of the Code of Virginia.

Name of Petitioner: Cynthia Hites.

Nature of Petitioner's Request: "I, Cynthia Hites, a citizen of the Commonwealth of Virginia, pursuant to § 2.2-4007 of the Code of Virginia, do humbly submit this petition for the following amendment to Virginia Administrative Code 24VAC35-60-80. Currently, interlock devices are implemented contrary to the "Visual-Manual NHTSA Driver Distraction Guidelines for Portable and Aftermarket Devices." This publication states, "Driver distraction is a specific type of inattention that occurs when drivers divert their attention away from the driving task to focus on another activity." "Phase 1 Guidelines are based upon a number of fundamental principles. These principles include that: the driver's eyes should usually be looking at the road ahead; the driver should be able to keep at least one hand on the steering wheel while performing a secondary task (both driving-related and non-driving related); the distraction induced by any secondary task performed while driving should not exceed that associated with a baseline reference task (manual radio tuning); any task performed by a driver should be interruptible at any time; the driver, not the system/device, should control the pace of task interactions; and displays should be easy for the driver to see and content presented should be easily discernible." These data show that many drivers continue to engage in visual-manual distraction activities with their portable devices while driving. IID rolling retests are very concerning because research by NHTSA shows "visual-manual manipulation of devices while driving dramatically increases crash risk." Installed in any vehicle, I believe ignition interlock is an inherent, significant cognitive distraction, but to install IID in a vehicle that is exclusively hand-foot-operated is extraordinarily dangerous to the driver, and to overall public safety. The mandated use of the in-car Breath Alcohol Ignition Interlock Device is the epitome of visual-manual, and cognitive driver distraction, and I submit no IID shall be installed on any vehicle with a non-fully-automatic transmission. In the interest of offender and public safety, please add the following language to the statute: "N. Under no circumstances shall an ignition interlock device be installed on a vehicle having manual transmission." I totaled my 5-speed '07 Mustang while retrieving a dropped IID handset, and attempting to simultaneously shift into second gear in order to pull over. Thank you for considering the public safety hazard posed by ignition interlock devices. Cynthia Hites."

Agency Plan for Disposition of Request: The Commission on the Virginia Alcohol Safety Action Program plans to consider this petition at its October 30, 2020, meeting.

Public Comment Deadline: September 30, 2020,

Agency Contact: Richard L. Foy, Field Services Specialist, Commission on the Virginia Alcohol Safety Action Program, 1111 East Main Street, Suite 801, Richmond, VA 23219, telephone (804) 786-5895, or email rfoy@vasap.virginia.gov.

VA.R. Doc. No. R21-03 Filed August 10, 2020, 11:47 a.m.